HELPFUL INFORMATION AFTER BEING IN A CAR ACCIDENT AND WORK INJURY

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Social Security Disability Help from Attorney NoyesIn addition to helping those injured in car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters, Matthew Noyes helps the disabled fight to get the SSD benefits from the Social Security Administration.

Tuesday, February 26, 2013

A Pinellas Park woman was critically injured after being hit by a car on Monday evening.

According to the Tampa Bay Times, Olda Maldonado, 56, of Pinellas Park, was walking across 49th Street in the 8400 block when she was struck by a 2013 Mazda CX5 at about 7:35 p.m. Ms. Maldonado was taken to Bayfront Medical Center with life-threatening injuries, Pinellas Park police said. Police said alcohol and speed are not believed to be factors.

This car accident should remind all of us of the importance of looking out for pedestrians as we drive Florida roads. As Spring approaches, there will likely be more and more pedestrians on our streets. It is crucial that all drivers look ahead for pedestrians and bicyclist and remain alert as to their actions.

Tuesday, February 19, 2013

Nearly 70,000 Florida car accidents in 2012 were hit-and-run crashes. These hit-and-run crashes resulted in 168 deaths. In addition, three out of every five fatalities in 2012 were pedestrians struck in hit-and-run crashes.

The Florida Highway Patrol, the Florida Sheriffs Association, the Florida Police of Chiefs Association and the Florida Department of Transportation are partnering up to do something about these frightening statistics. Their new program - Hit & Run, Bad to Worse -- aims to reduce the number of hit-and-run crashes in Florida by educating drivers on their responsibilities if involved in a crash and the consequences they face if they leave a crash scene.
In their press release, FHP Director Col. David Brierton states, “Hit-and-run crashes are a growing problem in Florida. Florida had nearly 70,000 hit-and-run crashes last year. We hope the education awareness campaign and our partnerships with Florida law enforcement agencies and FDOT will help us meet our mission goals of traffic safety.”

Stopping after a car accident is the law. Florida law states that the driver must immediately stop and remain at the scene, must exchange information and render reasonable assistance to any injured persons. Leaving the scene of a crash involving a death commits a felony of the first degree and carries a maximum penalty of 30 years in a state correctional facility and/or a fine of up to $10,000. Leaving the scene of a crash involving injuries commits a felony of the third degree and carries a maximum penalty of five years in a state correctional facility and/or a fine up to $5,000. Leaving the scene involving property damage commits a misdemeanor of the second degree and carries a maximum penalty of 60 days in a county jail and/or fine of $500.

With so many automobile accident involving hit and run drivers in Florida, it is important that you protect your family with uninsured motorist coverage. Too many times, clients with serious injuries come to my office after a car accident caused by another driver only to find out that the at-fault driver did not carry insurance coverage to pay the clients' medical bills, lost wages and other damages. Without uninsured motorist coverage, these clients have no recourse but to sue the at-fault driver and hope that they can pay a judgment. However, if they don't pay for insurance coverage, do you really think they can pay a judgment?

Drive safely and watch out for those who don't. Also, because of the high number of hit-and-run Florida car accidents, protect you and your family by purchasing uninsured motorist coverage. It is the most important insurance coverage you can buy.

Monday, February 18, 2013

On this Presidents' Day, words from President Abraham Lincoln - a lawyer before becoming President - come to mind:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.

After being in a jury trial all week last week, I was reminded of the stress litigation has on my client. Their lives are under a microscope with the insurance company's attorney trying to convince the jury that my clients were not hurt (despite what the doctors say) and that the clients were being dishonest. It is frustrating to see good people do through the litigation process.

That being said, although I can discourage litigation, often times the insurance companies give us no choice but to litigate the case. For example, last week's trial could have been resolved if the insurance company paid about 60% of the jury verdict before the trial. Instead, their arrogance resulted in a verdict twice as much as their final settlement offer before litigation.

No every case should go into litigation--a compormised resolution is best. Although the attorneys' fees are higher in litigation, my clients and I have detailed discussions before entering into litigation. If avoiding litigation is better for the client, then that is the way to go.

Despite all the lawyer jokes, being an attorney does give a person the opportunity to be a peacemaker--to resolve conflict in another person's life through skill and compassion. Admittedly, I have had clients leave because they wanted to fight the battle for the sole purpose of fighting a battle. That is not what our legal system is for. I know many lawyers (on both sides) that are also good men and women partly because they do not abuse our legal system.

On this Presidents' Day, we give thanks to all of them who helped make this Country great. We may not agree with every political decision they made, but nor did we agree to put our own decision-making under the microscope that comes with the position.

Wednesday, February 06, 2013

Distracted driving causes many Florida car accidents. Texting while driving is one way drivers can be distracted resulting in crashes.

The Florida Legislature is again addressing whether there should be a ban on texting and driving in Florida. If AARP was the Florida Legislature, there would be a ban. That's because 93 percent of AARP members that participated in a recent survey backed legislative efforts to ban texting-while-driving.

The Florida Legislature has considered some kind of text-ban for more than a decade, but advocates say the measure faces its best chance of becoming law this year. A measure banning texting (SB 52) is slated to go before the Senate Transportation Committee on Wednesday. The problem in the past proposed bills is the difficulty in enforcement of the law.

Whether it is legal or illegal, all motorists should know that text messaging while driving is dangerous and puts them and those in their car at risk of serious injury or death. It also puts innocent drivers and pedestrians at risk should their texting and driving cause them to cause a car accident.